Legal Opinion

Kerr v. Commissioner

United States Tax Court

Decided August 27, 1962No. Docket No. 89256Published

Petitioner owned 100 percent of the stock of X and Y corporations. On October 24, 1955, petitioner sold his Y corporation stock to X corporation for $ 50,000. Held, the amount received by petitioner is to be treated as a distribution in redemption of the stock of X corporation under section 304, I.R.C. 1954. Held, further, the redemption by X corporation of petitioner's stock in Y corporation was a redemption essentially equivalent to a dividend under section 302, I.R.C.…

Read the full summary

Petitioner owned 100 percent of the stock of X and Y corporations. On October 24, 1955, petitioner sold his Y corporation stock to X corporation for $ 50,000. Held, the amount received by petitioner is to be treated as a distribution in redemption of the stock of X corporation under section 304, I.R.C. 1954. Held, further, the redemption by X corporation of petitioner's stock in Y corporation was a redemption essentially equivalent to a dividend under section 302, I.R.C. 1954. Held, further, an income tax imposed on a distribution which is essentially equivalent to a dividend is not repugnant…

1Opinion of the Court

Thomas Kerr and Barbara Kerr, Petitioners, v. Commissioner of Internal Revenue, Respondent

Kerr v. Commissioner

Docket No. 89256

United States Tax Court

38 T.C. 723; 1962 U.S. Tax Ct. LEXIS 90;

August 27, 1962, Filed

Decision will be entered for the respondent.

Petitioner owned 100 percent of the stock of X and Y corporations. On October 24, 1955, petitioner sold his Y corporation stock to X corporation for $ 50,000. Held, the amount received by petitioner is to be treated as a distribution in redemption of the stock of X corporation under section 304, I.R.C. 1954. Held, further, the redemption by X…

2Cases cited25 opinions

  1. Southern Pacific Co. v. LoweSupreme Court of the United States · 1918
  2. Bazley v. CommissionerSupreme Court of the United States · 1947
  3. Flanagan v. HelveringCourt of Appeals for the D.C. Circuit · 1940
  4. Boyle v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1951
  5. Elizabeth N. B. Ferro v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1957

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API